Records: SPD cop retired to avoid firing for dodging work

Updated 10:18 am, Tuesday, August 18, 2015

A Seattle patrol officer retired in June after being notified he was about to be fired for dodging work on a day he was assigned to cover a demonstration, according to disciplinary records obtained Monday.

Office of Professional Accountability reports indicate that 27-year officer Jack Bailey sent his notice to retire after receiving a June 1 notification that the Seattle Police Department recommended his termination.

Police Chief Kathleen O'Toole wrote to Bailey June 19 that he would have been fired had he not requested retirement, according to the records. That same letter indicated that Bailey declined to defend himself or fight the termination recommendation.

The kerfuffle stems from a Dec. 2 incident in which Bailey reportedly showed up to work at the East Precinct and, upon seeing his assignment for downtown demonstration duty, left the precinct. When confronted by the acting sergeant over the phone, he claimed he had a scheduled vacation day. Because no such vacation was scheduled, he requested to take a sick day, disciplinary reports say.

It was reportedly his second day back to work after a 30-day suspension related to insubordination and duty hours, as well as a period of sick leave and authorized light duty, documents indicate.

The demonstrations he was expected to work included the Ferguson, Mo. shooting-related protests that arose after a St. Louis County grand jury declined to indict Ferguson police officer Darren Wilson for killing teen Michael Brown.

Bailey would later claim that he thought he was on vacation, but stopped by the precinct to check the monthly staffing calendar on the office computer. Records indicate he never accessed those records, according to OPA reports.

The complaining lieutenant later testified that he spoke to Bailey the next day and sent him home after Bailey showed him a reportedly broken toe -- an injury he claimed to have suffered at home a couple days before.

However, disciplinary reports admonish Bailey for claiming that an October neck surgery affected his ability to work. He showed the OPA investigator a photo of his injury taken three days after his surgery, not on or around December 2014 when he was expected to return to work.

OPA in May sustained the allegations of failure to obtain approval for time off, providing false information to internal investigator and failure to tell the truth in all communications.

The disciplinary action report signed by O'Toole reads that Bailey "repeatedly failed to live up to Department expectations and that it is "impermissible for a police officer to decide when and whether he will work."

Bailey's separation checklist indicates he received his retirement certificate and plaque last week.

His most recent yearly income was listed at $104,734.08, according to Seattle Police Department salary records.